Sec. 261.303. INTERFERENCE WITH INVESTIGATION; COURT ORDER. (a) A person may not interfere with an investigation of a report of child abuse or neglect conducted by the department.
(b) If admission to the home, school, or any place where the child may be cannot be obtained, then for good cause shown the court having family law jurisdiction shall order the parent, the person responsible for the care of the children, or the person in charge of any place where the child may be to allow entrance for the interview, examination, and investigation.
(c) If a parent or person responsible for the child's care does not consent to release of the child's prior medical, psychological, or psychiatric records or to a medical, psychological, or psychiatric examination of the child that is requested by the department, the court having family law jurisdiction shall, for good cause shown, order the records to be released or the examination to be made at the times and places designated by the court.
(d) A person, including a medical facility, that makes a report under Subchapter B shall release to the department, as part of the required report under Section 261.103, records that directly relate to the suspected abuse or neglect without requiring parental consent or a court order. If a child is transferred from a reporting medical facility to another medical facility to treat the injury or condition that formed the basis for the original report, the transferee medical facility shall, at the department's request, release to the department records relating to the injury or condition without requiring parental consent or a court order.
(e) A person, including a utility company, that has confidential locating or identifying information regarding a family that is the subject of an investigation under this chapter shall release that information to the department on request. The release of information to the department as required by this subsection by a person, including a utility company, is not subject to Section 552.352, Government Code, or any other law providing liability for the release of confidential information.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by Acts 1995, 74th Leg., ch. 751, Sec. 96, eff. Sept. 1, 1995; Acts 1999, 76th Leg., ch. 1150, Sec. 5, eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 1390, Sec. 24, eff. Sept. 1, 1999.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1406 (S.B. 758), Sec. 6, eff. September 1, 2007.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.133, eff. April 2, 2015.
Structure Texas Statutes
Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship
Subtitle E - Protection of the Child
Chapter 261 - Investigation of Report of Child Abuse or Neglect
Section 261.301. Investigation of Report
Section 261.3011. Joint Investigation Guidelines and Training
Section 261.3013. Case Closure Agreements Prohibited
Section 261.3015. Alternative Response System
Section 261.3016. Training of Personnel Receiving Reports of Abuse and Neglect
Section 261.30171. Forensic Assessment Center Network Evaluation
Section 261.30175. Mitigation of Provider Conflicts in Abuse or Neglect Investigation Consultations
Section 261.3018. Abbreviated Investigation and Administrative Closure of Certain Cases
Section 261.302. Conduct of Investigation
Section 261.3021. Casework Documentation and Management
Section 261.3022. Child Safety Check Alert List
Section 261.3023. Law Enforcement Response to Child Safety Check Alert
Section 261.3024. Removal From Child Safety Check Alert List
Section 261.3027. Notice of Right to Record Interview
Section 261.303. Interference With Investigation; Court Order
Section 261.3031. Failure to Cooperate With Investigation; Department Response
Section 261.3032. Interference With Investigation; Criminal Penalty
Section 261.304. Investigation of Anonymous Report
Section 261.305. Access to Mental Health Records
Section 261.306. Removal of Child From State
Section 261.307. Information Relating to Investigation Procedure and Child Placement Resources
Section 261.3071. Informational Manuals
Section 261.308. Submission of Investigation Report
Section 261.309. Review of Department Investigations
Section 261.3091. Notice of Right to Request Administrative Review
Section 261.310. Investigation Standards
Section 261.311. Notice of Report
Section 261.312. Review Teams; Offense
Section 261.3125. Child Safety Specialists
Section 261.3126. Colocation of Investigators
Section 261.315. Removal of Certain Investigation Information From Records